PINERO v. OLD CUTLER PLAZA LLC
| EMILIO PINERO |
| OLD CUTLER PLAZA LLC |
| 1:2023cv20606 |
| February 15, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
Docket Report
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Filing 14
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Jury Trial set for 12/18/2023 before Judge Darrin P. Gayles. Telephonic Calendar Call set for 12/13/2023 9:30 AM before Judge Darrin P. Gayles. Telephonic Status Conference set for 11/29/2023 10:00 AM before Judge Darrin P. Gayles. Mediation Deadline 9/18/2023. ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 3/27/2023. See attached document for full details. (scn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 13 CASE REFERRED to Ch. Magistrate Judge Edwin G. Torres and Presider Judge Darrin P. Gayles. Action taken per DE#12. (scn) |
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Filing 12
PAPERLESS ORDER REFERRING CASE to Chief Magistrate Judge Edwin G. Torres for a ruling on all matters, including dispositive matters, except for trial. Signed by Judge Darrin P. Gayles on 3/27/2023. (mja)
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| Filing 11 Joint SCHEDULING REPORT - Rule 16.1 by EMILIO PINERO (Goldstein, Glenn) |
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Filing 10
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before March 31, 2023, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 3/17/2023. (mja)
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| Filing 9 ANSWER and Affirmative Defenses to Complaint by OLD CUTLER PLAZA LLC. Attorney Evan Andrew Zuckerman added to party OLD CUTLER PLAZA LLC(pty:dft). (Zuckerman, Evan) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EMILIO PINERO. OLD CUTLER PLAZA LLC served on 2/24/2023, response/answer due 3/17/2023. (Goldstein, Glenn) |
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Filing 7
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Americans with Disabilities Act (ADA), 42 U.S.C. 12181 et seq. In order to assist the Court in the management of this case, and in an effort to foster an early and cost-effective resolution, the parties are ORDERED as follows: Within fourteen (14) days of service of the Complaint, Defendant shall file a report with the Court indicating whether it agrees to (1) remediate the deficiencies identified in the Complaint, (2) entry of an injunction to ensure future compliance, and (3) pay Plaintiff's reasonable attorneys fees and costs, as determined by the Court or agreement by the parties. If so, Defendant shall include a reasonable timeline for remediation. If, upon review of the report, the Court finds that Defendant intends to remediate the property within a reasonable time, the action shall be stayed. If requested, the Court may grant proportional discovery to verify Defendant's remediation of the ADA deficiencies outlined in the Complaint. After receiving notice from the parties that the ADA deficiencies outlined in the Complaint have been remediated, the parties shall submit to the Court a proposed order of dismissal, including an injunction for future compliance and an award of reasonable attorney's fees and costs. Disputes will be resolved by the Court. Signed by Judge Darrin P. Gayles on 2/21/2023. (mja)
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| Filing 6 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 2/21/2023. (mja) |
| Filing 5 CERTIFICATE of Counsel by Glenn R Goldstein on behalf of EMILIO PINERO (Goldstein, Glenn) |
| Filing 4 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by EMILIO PINERO (Goldstein, Glenn) |
| Filing 3 Summons Issued as to OLD CUTLER PLAZA LLC. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) |
| Filing 1 COMPLAINT against OLD CUTLER PLAZA LLC. Filing fees $ 402.00 receipt number AFLSDC-16329935, filed by EMILIO PINERO. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Goldstein, Glenn) |
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| Plaintiff: EMILIO PINERO | |
| Represented By: | Glenn R Goldstein |
| Represented By: | Lauren Nicole Wassenberg |
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| Defendant: OLD CUTLER PLAZA LLC | |
| Represented By: | Evan Andrew Zuckerman |
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